Management, Policy and Problems

(Taken from 1992 Protected Areas of the World: A review of national systems by UNEP World Conservation Monitoring Centre)

Policy and Legislation

The protection of wildlife began with the creation of Nigeria, soon after the amalgamation of the northern and southern parts of the country in 1914. Regional game laws were enacted, initially by eastern Nigeria in 1916 and later by the western and northern regions in 1928 and 1963, respectively. The conservation and protection of wildlife is still governed by these three game laws and their subsequent modifications commensurate with the creation of states in 1967 and 1976. In 1973 a more unified and detailed national wildlife conservation law, entitled the National Fauna Conservation Law was drafted (TWCC, 1983). It has subsequently been revised and updated by the Endangered Species (Control of International Traffic and Trade) Decree No. 11.

The three categories of protected area recognized within the wildlife sector are strict nature reserve, game reserve and national park, all of which were formerly reserved forest (see Annex). Strict nature reserves, which were first constituted in 1954, were established in accordance with the 1933 London Convention (see Annex). Modern game reserves, created by state legislation, incorporate areas where hunting is strictly regulated, habitat is protected, and where wildlife is conserved, managed and propagated (Anadu and Oates, 1982). The first national park to be created was Kainji Lake National Park in 1975 by a Federal Military Government Decree (Afolayan, Ajayi and Ayeni, 1982). This decree was repealed with the enactment of the National Parks Decree No. 36 of 26 August 1991. By virtue of this Decree, Kainji Lake was reconstituted as a national park, and five new national parks were established. The Decree also makes regulations for the administration and management of national parks in the country, and provides for the establishment of a National Park Governing Board and National Park Management Committees for each national park (see Annex).

Under the current national wildlife policy, all aspects of wildlife utilization are emphasized, namely, recreation and tourism, bush meat production and preservation for future generations (TWCC, 1983). Further, the policy states inter alia that wildlife shall be conserved in order to protect the national heritage (Anadu, 1987). Forestry legislation was originally promulgated under the Forest Ordinance of 1937 (Chapter 75) and has since undergone numerous revisions. This has been applied to the principal states by a series of amendments. The revised Northern Nigerian Forestry Ordinance of 1960 is significant in that provisions are made for a dual system of land tenure and forest reservation involving both government and local communities. Part II of the Ordinance is concerned with the constitution of government forest reserves and protected forests (see Annex), usage of rights, boundary modifications based on land claims, and the de-reservation of such reserves. Parts III, IV and V of the Ordinance deal with the constitution of native authority and local government council forest reserves and protected forests (see Annex). Provisions and regulations for these reserves are largely similar to those for government forests reserves and protected forests. Local authorities are responsible for the protection, control and management of such areas and have the power to revise reservation orders and to de-reserve areas, subject to ministerial approval. Under certain conditions, government forest reserves can be converted to native authority or local government council reserves. The state forest service supervises the protection, control and management of such reserves by local bodies. In the event of serious shortcomings or deficiencies, the Chief Conservator of Forests may guide and direct the management and control of local reserves on behalf of the local bodies involved. Communal forest areas (Part VII) may be declared and de-reserved by a local government council or native authority on behalf of an interested community. Local authorities make rules on the utilization of communal forests, outline duties of native communities, make restrictions on sale or export of forest products, allow for the establishment of nurseries and agro-forestry activities, and provide for the protection of forest areas.

There are a number of shortcomings to current protected areas legislation. Legal and financial supports for the implementation of the national wildlife policy have been lacking, and state wildlife laws need revamping. At present, the pace and focus of development (e.g. tourism, bush meat production) in game reserves is completely at the discretion of the various state departments of forestry. Currently, there is no legal distinction between strict nature reserves and either forest or game reserves in which they may be situated (Ola-Adams and Iyamabo, 1977). A legal distinction between these categories would enable authorities to prohibit activities, which are incongruous with the objectives for their establishment. Current forest legislation is ineffective because it does not control the exploitation or management of valuable forest resources. Further, there is a need for new legislation to control the management and protection of forest reserves to promote conservation of biological diversity and genetic resources (UNEP-WCMC, 1988).

Administration and Management

At the national level, the mandate for wildlife conservation and protected areas management is the responsibility of the Federal Department of Forestry in the Ministry of Agriculture, Water Resources and Rural Development (Caldecott et al., 1989, 1990; Holland et al., 1989). Within this Department, is the Division of Wildlife and Conservation, which is responsible for wildlife development and extension, and the enforcement of international wildlife conventions (Anadu, 1987). Responsibilities of the National Park Governing Board, established by virtue of the National Parks Decree (1991), include: advising the federal military government and the state governments on the development and preservation of national parks; promoting the protection and conservation of flora and fauna in such areas; and coordinating the activities of the various national park management committees. These committees are responsible for ensuring that the provisions of the National Parks Decree are carried out within each national park. Each state Department of Forestry is responsible for the creation and management of forest reserves, game reserves and strict nature reserves.

There are a number of constraints to protected areas management. Policy implementation and law enforcement is lacking, infrastructural facilities (e.g. vehicles, communications equipment, road and track networks) are limited, and a lack of basic information necessary for effective management in wildlife sector and forest reserves is preventing sound management (Afolayan, 1980; Anadu, 1987; Ola-Adams, 1987). It has been recommended that fully-fledged federal and state wildlife departments be created to address some of these constraints (TWCC, 1983).

Problems with the System

Certain recommendations for action have been outlined in MacKinnon and MacKinnon (1986), IUCN (1987) and Stuart and Adams (1990). The protected areas network is inadequate, particularly as most of it lies in the savanna biome (Drolet, 1990; UNEP-WCMC, 1988). Areas of lowland, swamp and montane forest, and forest outliers need to be identified and protected (UNEP-WCMC, 1988). The formulation of management plans for the majority of game reserves, comprehensive ecological monitoring programs of wildlife species in wildlife sector reserves, and improved management and protection of forest reserves in the lowland rain forests are priorities (Afolayan, 1980; Ola-Adams, 1987). In addition, integrating conservation with the sustainable use of natural resources is a priority in the context of establishing rural development programs. In general, protected areas that exist in forests are too small for viable populations of many species (Stuart and Adams, 1990).

Recent conservation initiatives include: a national review of the protected areas system, conducted in 1991 under the auspices of the Tropical Forestry Action Plan and funded by the EC; the formulation of a conservation action plan by the federal government; a government/ IUCN wildlife study which is looking at the current status of wildlife resources, is assessing species conservation priorities, and is designing a long-term monitoring program; and a number of multi-agency projects aimed at protecting and managing a number of specific protected areas (Stuart and Adams, 1990; Caldecott, pers. comm., 1991). The legal establishment of Cross River National Park has improved protected areas coverage in the rain forest zone.

Threats to the protected areas system include: shifting cultivation and over-exploitation of indigenous plant species; subsistence and commercial agriculture; illegal grazing in protected areas; cattle migration; poaching; uncontrolled bushfires; drought, particularly in savanna regions; an ever-increasing fuel wood and timber demand; unsuccessful plantation establishment and settlements within reserves; expansion of road networks; oil exploration and extraction activities (Bendel state); and local irrigation and damming schemes (Afolayan, 1980; Anadu, 1987; Anadu and Oates, 1982; Ola-Adams, 1987; Osemeobo, 1988). Several areas of the forest estate are being de-reserved for agricultural, industrial or pastoral purposes (Ola-Adams, 1987).